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(영문) 서울남부지방법원 2015.05.08 2014가합101072

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Defendant B’s claim is a person in charge of accounting affairs at the Plaintiff Company from November 18, 1999 to December 31, 2007, and Defendant C is the Defendant B’s wife.

Defendant B embezzled KRW 779,210,210 in total by means of withdrawing cash from the Plaintiff Company’s account and depositing it into the Defendants’ account during the period of office, or remitting it from the Plaintiff Company’s account to the Defendants’ account.

In order to conceal the above money by embezzlement, Defendant B used means such as making cash in the cash receipt and accounting book of the Plaintiff Company or making a false statement as if the cash held by the Plaintiff Company was increased, and returning the amount equivalent to 80% of the sales recorded after issuing the false sales account from the transaction partner to the other transaction partner. Defendant C conspired to embezzlement Defendant B and the Plaintiff Company’s money and embezzled money were used together.

Therefore, as joint tortfeasor who embezzled the money of the Plaintiff Company, the Defendants are jointly and severally liable to pay the Plaintiff Company damages amounting to KRW 779,210,210, and damages for delay at the rate of 20% per annum from the day following the last delivery date of the application for modification of the claim and the cause of the claim of this case to the day of full payment.

2. The fact that Defendant B withdrawn KRW 779,210,210 from the account under the name of the Plaintiff Company or the representative director of the Plaintiff Company, or transferred KRW 779,210 to the account under the name of the Defendants or a third party is without dispute between the Plaintiff and the Defendants.

However, Gap evidence 1 to 14, Gap evidence 71 to 77, Eul evidence 80, Eul evidence 15, 18, and 22 (including the number; hereinafter the same shall apply), each statement of this court's national bank, Mzz-type securities company, new bank, corporate bank, company foreign exchange bank, one bank, and stock company.